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Indiana legal community mourns deaths of 2 attorneys

IL Staff
March 12, 2014
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The Indiana legal community recently mourned the deaths of two well-known attorneys, Stephen Johnson and the Rev. Thomas Murphy.

Johnson, the former executive director of the Indiana Prosecuting Attorneys Council, passed away unexpectedly March 2. Johnson was with the organization for nearly 40 years before retiring in 2011.
 

johnson-stephen-15col Stephen Johnson (IL file photo)

Johnson was admitted to practice in 1973 after graduating from Indiana University Maurer School of Law and began his tenure at IPAC in August of that year. He joined the organization before it was a state-funded agency, which occurred in 1974. He started as a research director before becoming executive director in 1997.

Before attending law school, Johnson received a bachelor’s degree in zoology in 1970 from Michigan State University.  

As leader of IPAC, Johnson served as a representative of prosecutors statewide. David Powell, who took over as executive director after Johnson’s retirement, said Johnson’s death was sudden and unexpected.

Johnson served on several legislative committees, educated and mentored prosecutors, and helped rewrite the Indiana penal code. One of his most significant achievements was to help implement a statewide computer system linking state and local offices in the criminal justice system.

Johnson remained on contract as a consultant with IPAC, working on sentencing reform issues. He was among about 20 people in a legislative committee meeting Feb. 27 on the topic.

Johnson was held in extremely high regard by the state’s prosecutors, who saw him as the top criminal law scholar in Indiana, and it’s like a member of our family has passed, Powell said.

“I had one prosecutor say to me it was like Superman died,” Powell said.

In 2011, Gov. Mitch Daniels recognized Johnson as a Distinguished Hoosier. He also has been recognized by the Indiana Supreme Court for his years in service and, in 1998, was honored with the Eugene “Shine” Feller Award, given by Indiana’s prosecutors to those with distinguished service in their field.

Johnson is survived by his wife, Susie Johnson; children Brian (Elizabeth) Johnson, Glenn (Leigh Anne) Johnson, Marni (Craig) Steinfort, and Matt Johnson; grandchildren Elyse, Christopher, Caroline, Rachel, Luke, Nicholas, Alexander and Keira; sister, Janice Johnson; and aunt, Audree Wentworth.

Murphy, an Indianapolis attorney who left the practice of law to become a priest, died Feb. 28 after a long battle with Parkinson’s disease. He was 82.

“He was a dear, dear friend,” said Nancy Gargula, U.S. Trustee for Region 10 and Region 13. “He embraced everyone of all faiths and he nurtured everyone to make the most of every day and give back.”


murphy-tom-15col.jpg Rev. Thomas Murphy (Photo courtesy of The Criterion)

Murphy graduated from the University of Notre Dame in 1954 and the Indiana University Robert H. McKinney School of Law in 1961. He practiced law for 19 years at Hilgedag Johnson Secrest and Murphy in Indianapolis.

He entered politics, serving one term in the Indiana House of Representatives in 1965-1966 and running in the Democratic primary for Indiana Attorney in 1968.

During a pilgrimage to the Holy Land, Murphy said he received the call from God and turned from practicing law to being a priest.

Murphy was studying for the priesthood when Gargula began practicing as a young lawyer. They met at the Notre Dame Club of Indianapolis, where Murphy served as chaplain for several years, and developed a friendship over their common love for music.

He was an accomplished pianist and organist who played regularly at St. John the Evangelist Catholic Church in Indianapolis and once for Pope John Paul II at St. Peter’s Basilica in Rome.

Murphy persuaded Gargula to cantor for the Sunday evening Mass at his parish, St. Joan of Arc. Prior to the service, the two would often sit in the small outdoor garden and talk. Gargula remembered Murphy being especially supportive during a time when her daughter was having difficulties.

Ordained in 1985, Murphy served at St. Lawrence and Christ the King parishes as well as at St. Joan of Arc and St. John the Evangelist. His work as the archdiocesan representative in the Ecumenical and Interfaith areas made him known well beyond the legal and Catholic communities.

Indianapolis Community Court Judge David Certo was a young man considering the pastoral life when he met Murphy. The two developed a life-long friendship.

“Father Tom and I loved Notre Dame, manhattans and a good meal,” Certo said. “Those three topics gave us ample excuses to get together.”

Certo decided to study the law and remembered one time as an attorney, he was asked by a friend to handle a divorce. Deeply torn by the request that went against his Catholic beliefs, Certo asked Murphy for advice. Murphy said that Certo had to help his friend.

“That was terrific practical and pastoral advice,” Certo said.

Even after he became a priest, Murphy maintained his ties to the law. He was a member of the Indianapolis and Indiana State Bar associations and always attended the annual Red Mass. Members of the St. Thomas More Society recognized Murphy with the Man for All Seasons award, the highest honor the society can give recognizing character, courage and conviction.

Gargula said Murphy had a gift for instantly connecting with everyone he met and making friends easily.

Murphy’s ability to cultivate friendships impressed Patrick Olmstead, Greenwood attorney and president of the St. Thomas More Society of Indianapolis. Olmstead said whenever he spoke with Murphy, the priest would make him feel like the most important person in the room.

As his disease progressed, Murphy lost his ability to play the piano, became confined to a wheelchair, and struggled to speak. Olmstead remembered that through the hardships, Murphy was never bitter nor did he ever complain. He kept his dignity, remained humble and truly enjoyed being around other people.

“He was a real special guy,” Olmstead said.

Murphy is survived by his brother, Robert O. Murphy Sr. (Eileen) of Granger, Ind; and 18 nieces and nephews.•

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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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